S.Amdt. 2593Senate109th Congress (2005-2007)

In the nature of a substitute.

Submitted November 16, 2005

This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.

[[Page S13058]]
      FORT STANTON-SNOWY RIVER NATIONAL CAVE CONSERVATION AREA ACT

  The Senate proceeded to consider the bill (S. 1170) to establish the
Fort Stanton-Snowy River National Cave Conservation Area, which had
been reported from the Committee on Energy and Natural Resources, with
amendments, as follows:
  [Strike the parts shown in black brackets and insert the parts shown
in italic.]

                                S. 1170

       Be it enacted by the Senate and House of Representatives of
     the United States of America in Congress assembled,

     [SECTION 1. SHORT TITLE.

       [This Act may be cited as the ``Fort Stanton-Snowy River
     National Cave Conservation Area Act''.

     [SEC. 2. DEFINITIONS.

       [In this Act:
       [(1) Conservation area.--The term ``Conservation Area''
     means the Fort Stanton-Snowy River National Cave Conservation
     Area established by section 3(a).
       [(2) Management plan.--The term ``management plan'' means
     the management plan developed for the Conservation Area under
     section 4(c).
       [(3) Secretary.--The term ``Secretary'' means the Secretary
     of the Interior, acting through the Director of the Bureau of
     Land Management.

     [SEC. 3. ESTABLISHMENT OF FORT STANTON-SNOWY RIVER NATIONAL
                   CAVE CONSERVATION AREA.

       [(a) In General.--There is established the Fort Stanton-
     Snowy River National Cave Conservation Area in Lincoln
     County, New Mexico, to secure, protect, and conserve
     subterranean natural and unique features and environs for
     scientific, educational, and other appropriate public uses.
       [(b) Boundaries.--The Conservation Area shall include--
       [(1) the minimum subsurface area necessary to provide for
     the Fort Stanton Cave, including the Snowy River passage in
     its entirety (which may include other significant caves); and
       [(2) the minimum surface acreage, as determined by the
     Secretary, that is necessary to provide access to the cave
     entrance.
       [(c) Map and Legal Description.--
       [(1) In general.--As soon as practicable after the date of
     enactment of this Act, the Secretary shall prepare a map and
     legal description of the Conservation Area.
       [(2) Effect.--The map and legal description of the
     Conservation Area shall have the same force and effect as if
     included in this Act, except that the Secretary may correct
     any minor errors in the map and legal description.
       [(3) Public availability.--The map and legal description of
     the Conservation Area shall be available for public
     inspection in the appropriate offices of the Bureau of Land
     Management.

     [SEC. 4. ADMINISTRATION OF CONSERVATION AREA.

       [(a) In General.--The Secretary shall administer the
     Conservation Area--
       [(1) in accordance with the laws (including regulations)
     applicable to public land and the management plan required by
     this Act; and
       [(2) in a manner that provides for--
       [(A) the conservation and protection of the natural and
     unique features and environs for scientific, educational, and
     other appropriate public uses of the Conservation Area;
       [(B) public access, as appropriate, while providing for the
     protection of the cave resources and for public safety;
       [(C) the continuation of other existing uses and new uses
     of the Conservation Area that do not substantially impair the
     purposes for which the Conservation Area is established;
       [(D) the protection of new caves within the Conservation
     Area, such as the Snowy River passage within Fort Stanton
     Cave;
       [(E) the continuation of such uses on the surface acreage
     as exist under management action in place prior to
     designation of the Conservation Area by this Act; and
       [(F) scientific investigation and research opportunities
     within the Conservation Area, including through partnerships
     with colleges, universities, schools, scientific
     institutions, researchers, and scientists to conduct research
     and provide educational and interpretive services within the
     Conservation Area.
       [(b) Withdrawals.--Subject to valid existing rights, all
     Federal surface and subsurface land within the Conservation
     Area and all land and interests in the surface and subsurface
     land that are acquired by the United States after the date of
     enactment of this Act for inclusion in the Conservation Area,
     are withdrawn from--
       [(1) all forms of entry, appropriation, or disposal under
     the general land laws;
       [(2) location, entry, and patent under the mining laws; and
       [(3) operation under the mineral leasing and geothermal
     leasing laws.
       [(c) Management Plan.--
       [(1) In general.--Not later than 2 years after the date of
     enactment of this Act, the Secretary shall develop a
     comprehensive plan for the long-term management of the
     Conservation Area.
       [(2) Purposes.--The management plan shall--
       [(A) describe the appropriate uses and management of the
     Conservation Area;
       [(B) incorporate, as appropriate, decisions contained in
     any other management or activity plan for the land within or
     adjacent to the Conservation Area;
       [(C) take into consideration any information developed in
     studies of the land and resources within or adjacent to the
     Conservation Area; and
       [(D) engage in a cooperative agreement with Lincoln County,
     New Mexico, to address the historical involvement of the
     local community in the interpretation and protection of the
     resources of the Conservation Area.
       [(d) Activities Outside Conservation Area.--
       [(1) In general.--The fact that an activity or use is not
     permitted inside the Conservation Area shall not preclude--
       [(A) the conduct of the activity on land, or the use of
     land for the activity, outside the boundary of the
     Conservation Area, consistent with other applicable laws
     (including regulations); or
       [(B) any activity or use, including new uses, on the
     surface land above the Conservation Area or on any land
     appurtenant to that surface land.
       [(2) Management.--The surface land described in paragraph
     (1)(B) shall continue to be managed for multiple uses in
     accordance with all applicable laws (including regulations).
       [(e) Research and Interpretive Facilities.--
       [(1) In general.--The Secretary may establish facilities
     for--
       [(A) the conduct of scientific research; and
       [(B) the interpretation of the historical, cultural,
     scientific, archaeological, natural, and educational
     resources of the Conservation Area.
       [(2) Cooperative agreements.--The Secretary may enter into
     cooperative agreements with the State of New Mexico and other
     institutions and organizations to carry out the purposes of
     this Act.
       [(f) Water Rights.--Nothing in this Act constitutes an
     express or implied reservation of any water right.

     [SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       [There are authorized to be appropriated such sums as are
     necessary to carry out this Act.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fort Stanton-Snowy River
     National Cave Conservation Area Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Conservation area.--The term ``Conservation Area''
     means the Fort Stanton-Snowy River National Cave Conservation
     Area established by section 3(a).
       (2) Management plan.--The term ``management plan'' means
     the management plan developed for the Conservation Area under
     section 4(c).
       (3) Secretary.--The term ``Secretary'' means the Secretary
     of the Interior, acting through the Director of the Bureau of
     Land Management.

     SEC. 3. ESTABLISHMENT OF FORT STANTON-SNOWY RIVER NATIONAL
                   CAVE CONSERVATION AREA.

       (a) In General.--There is established the Fort Stanton-
     Snowy River National Cave Conservation Area in Lincoln
     County, New Mexico, to secure, protect, and conserve
     subterranean natural and unique features and environs for
     scientific, educational, and other appropriate public uses.
       (b) Boundaries.--The Conservation Area shall include--
       (1) the minimum subsurface area necessary to encompass the
     ``Ft. Stanton Cave'' and the ``Newly Discovered Cave'', as
     depicted on the map entitled ``Fort Stanton Cave'' and dated
     March 29, 2005; and
       (2) the minimum surface acreage, as determined by the
     Secretary, that is necessary to provide access to the cave
     entrance, but not to exceed 40 acres.
       (c) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of
     enactment of this Act, the Secretary shall establish detailed
     boundaries and prepare a map and legal description of the
     Conservation Area that depicts the minimum acreage necessary
     to encompass the land described in subsection (b), based on
     the smallest legal subdivision described in not less than 40
     acre aliquot parts.
       (2) Effect.--The map and legal description of the
     Conservation Area shall have the same force and effect as if
     included in this Act, except that the Secretary may correct
     any minor errors in the map and legal description.
       (3) Public availability.--The map and legal description of
     the Conservation Area shall be available for public
     inspection in the appropriate offices of the Bureau of Land
     Management.

     SEC. 4. MANAGEMENT OF THE CONSERVATION AREA.

       (a) In General.--The Secretary shall administer the
     Conservation Area--
       (1) in accordance with the laws (including regulations)
     applicable to public land and the management plan required by
     this Act; and
       (2) in a manner that provides for--
       (A) the conservation and protection of the natural and
     unique features and environs for scientific, educational, and
     other appropriate public uses of the Conservation Area;
       (B) public access, as appropriate, while providing for the
     protection of the cave resources and for public safety;
       (C) the continuation of other existing uses and new uses of
     the Conservation Area that do

[[Page S13059]]

     not substantially impair the purposes for which the
     Conservation Area is established;
       (D) management of the surface area overlying the
     Conservation Area in accordance with the Fort Stanton Area of
     Critical Environmental Concern Final Activity Plan dated
     March, 2001; and
       (E) scientific investigation and research opportunities
     within the Conservation Area, including through partnerships
     with colleges, universities, schools, scientific
     institutions, researchers, and scientists to conduct research
     and provide educational and interpretive services within the
     Conservation Area.
       (b) Withdrawals.--Subject to valid existing rights, all
     Federal surface and subsurface land within the Conservation
     Area and all land and interests in the surface and subsurface
     land that are acquired by the United States after the date of
     enactment of this Act for inclusion in the Conservation Area,
     are withdrawn from--
       (1) all forms of entry, appropriation, or disposal under
     the general land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation under the mineral leasing and geothermal
     leasing laws.
       (c) Management Plan.--
       (1) In general.--Not later than 2 years after the date of
     enactment of this Act, the Secretary shall develop a
     comprehensive plan for the long-term management of the
     Conservation Area.
       (2) Purposes.--The management plan shall--
       (A) describe the appropriate uses and management of the
     Conservation Area;
       (B) incorporate, as appropriate, decisions contained in any
     other management or activity plan for the land within or
     adjacent to the Conservation Area;
       (C) take into consideration any information developed in
     studies of the land and resources within or adjacent to the
     Conservation Area; and
       (D) provide for a cooperative agreement with Lincoln
     County, New Mexico, to address the historical involvement of
     the local community in the interpretation and protection of
     the resources of the Conservation Area.
       (d) Activities Outside Conservation Area.--The
     establishment of the Conservation Area shall not--
       (1) create a protective perimeter or buffer zone around the
     Conservation Area; or
       (2) preclude uses or activities outside the Conservation
     Area that are permitted under other applicable laws, even if
     the uses or activities are prohibited within the Conservation
     Area.
       (e) Research and Interpretive Facilities.--
       (1) In general.--The Secretary may establish facilities
     for--
       (A) the conduct of scientific research; and
       (B) the interpretation of the historical, cultural,
     scientific, archaeological, natural, and educational
     resources of the Conservation Area.
       (2) Cooperative agreements.--The Secretary may enter into
     cooperative agreements with the State of New Mexico and other
     institutions and organizations to carry out the purposes of
     this Act.
       (f) Water Rights.--Nothing in this Act constitutes an
     express or implied reservation of any water right.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are
     necessary to carry out this Act.

  The amendment (No. 2593) was agreed to, as follows:

              (Purpose: To provide a complete substitute)

       Strike all after the enacting clause and insert the
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fort Stanton-Snowy River
     Cave National Conservation Area Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Conservation area.--The term ``Conservation Area''
     means the Fort Stanton-Snowy River Cave National Conservation
     Area established by section 3(a).
       (2) Management plan.--The term ``management plan'' means
     the management plan developed for the Conservation Area under
     section 4(c).
       (3) Secretary.--The term ``Secretary'' means the Secretary
     of the Interior, acting through the Director of the Bureau of
     Land Management.

     SEC. 3. ESTABLISHMENT OF FORT STANTON-SNOWY RIVER CAVE
                   NATIONAL CONSERVATION AREA.

       (a) Establishment; Purposes.--There is established the Fort
     Stanton-Snowy River Cave National Conservation Area in
     Lincoln County, New Mexico, to protect, conserve, and enhance
     the unique and nationally important historic, cultural,
     scientific, archaeological, natural, and educational
     subterranean cave resources of the Fort Stanton-Snowy River
     cave system.
       (b) Area Included.--The Conservation Area shall include the
     area within the boundaries depicted on the map entitled
     ``Fort Stanton-Snowy River Cave National Conservation Area''
     and dated November 2005.
       (c) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of
     enactment of this Act, the Secretary shall submit to Congress
     a map and legal description of the Conservation Area.
       (2) Effect.--The map and legal description of the
     Conservation Area shall have the same force and effect as if
     included in this Act, except that the Secretary may correct
     any minor errors in the map and legal description.
       (3) Public availability.--The map and legal description of
     the Conservation Area shall be available for public
     inspection in the appropriate offices of the Bureau of Land
     Management.

     SEC. 4. MANAGEMENT OF THE CONSERVATION AREA.

       (a) Management.--
       (1) In general.--The Secretary shall manage the
     Conservation Area--
       (A) in a manner that conserves, protects, and enhances the
     resources and values of the Conservation Area, including the
     resources and values described in section 3(a); and
       (B) in accordance with--
       (i) this Act;
       (ii) the Federal Land Policy and Management Act of 1976 (43
     U.S.C. 1701 et seq.); and
       (iii) any other applicable laws.
       (2) Uses.--The Secretary shall only allow uses of the
     Conservation Area that are consistent with the protection of
     the cave resources.
       (3) Requirements.--In administering the Conservation Area,
     the Secretary shall provide for--
       (A) the conservation and protection of the natural and
     unique features and environs for scientific, educational, and
     other appropriate public uses of the Conservation Area;
       (B) public access, as appropriate, while providing for the
     protection of the cave resources and for public safety;
       (C) the continuation of other existing uses or other new
     uses of the Conservation Area that do not impair the purposes
     for which the Conservation Area is established;
       (D) management of the surface area of the Conservation Area
     in accordance with the Fort Stanton Area of Critical
     Environmental Concern Final Activity Plan dated March, 2001,
     or any amendments to the plan, consistent with this Act; and
       (E) scientific investigation and research opportunities
     within the Conservation Area, including through partnerships
     with colleges, universities, schools, scientific
     institutions, researchers, and scientists to conduct research
     and provide educational and interpretive services within the
     Conservation Area.
       (b) Withdrawals.--Subject to valid existing rights, all
     Federal surface and subsurface land within the Conservation
     Area and all land and interests in the land that are acquired
     by the United States after the date of enactment of this Act
     for inclusion in the Conservation Area, are withdrawn from--
       (1) all forms of entry, appropriation, or disposal under
     the general land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation under the mineral leasing and geothermal
     leasing laws.
       (c) Management Plan.--
       (1) In general.--Not later than 2 years after the date of
     enactment of this Act, the Secretary shall develop a
     comprehensive plan for the long-term management of the
     Conservation Area.
       (2) Purposes.--The management plan shall--
       (A) describe the appropriate uses and management of the
     Conservation Area;
       (B) incorporate, as appropriate, decisions contained in any
     other management or activity plan for the land within or
     adjacent to the Conservation Area;
       (C) take into consideration any information developed in
     studies of the land and resources within or adjacent to the
     Conservation Area; and
       (D) provide for a cooperative agreement with Lincoln
     County, New Mexico, to address the historical involvement of
     the local community in the interpretation and protection of
     the resources of the Conservation Area.
       (d) Activities Outside Conservation Area.--The
     establishment of the Conservation Area shall not--
       (1) create a protective perimeter or buffer zone around the
     Conservation Area; or
       (2) preclude uses or activities outside the Conservation
     Area that are permitted under other applicable laws, even if
     the uses or activities are prohibited within the Conservation
     Area.
       (e) Research and Interpretive Facilities.--
       (1) In general.--The Secretary may establish facilities
     for--
       (A) the conduct of scientific research; and
       (B) the interpretation of the historical, cultural,
     scientific, archaeological, natural, and educational
     resources of the Conservation Area.
       (2) Cooperative agreements.--The Secretary may, in a manner
     consistent with this Act, enter into cooperative agreements
     with the State of New Mexico and other institutions and
     organizations to carry out the purposes of this Act.
       (f) Water Rights.--Nothing in this Act constitutes an
     express or implied reservation of any water right.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are
     necessary to carry out this Act.

  The committee amendment in the nature of a substitute, as amended,
was agreed to.
  The amendment (No. 2594) was agreed to, as follows:

       Amend the title so as to read: ``To establish the Fort
     Stanton-Snowy River Cave National Conservation Area''.

  The bill (S. 1170), as amended, was read the third time and passed.




                          ____________________

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Senate amendment submitted

November 16, 2005

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Senate amendment submitted

November 16, 2005

Floor

Senate amendment agreed to: Amendment SA 2593 agreed to in Senate by Unanimous Consent.

November 16, 2005

Floor

Senate amendment proposed (on the floor): Amendment SA 2593 proposed by Senator McConnell for Senator Domenici.

November 16, 2005

Floor

Amendment SA 2593 proposed by Senator McConnell for Senator Domenici. (consideration: CR S13059; text: CR S13059) In the nature of a substitute.

November 16, 2005

Floor

Amendment SA 2593 agreed to in Senate by Unanimous Consent.

November 16, 2005